RAPE: Jury improperly instructed that Defendant acted “knowingly” if he was aware only of a “high probability” that victim was unable to give consent due to intoxication… conviction reversed, remanded for new trial… Whelan reversed. [Read more…]
Right to testify, sufficient basis for inference of waiver
RIGHT TO TESTIFY: Sufficient basis to infer that aggravated burglary defendant waived right when counsel rested without calling him… Whelan affirmed (memorandum). [Read more…]
Fitness, 15 months in jail and mental hospital
FITNESS: No abuse of discretion in resuming kidnap proceedings after 15 months in jail and mental hospital before declared fit to proceed… Krueger affirmed. [Read more…]
Mental commitment, businesswoman with insomnia
MENTAL COMMITMENT: Successful businesswoman with supportive family who was experiencing insomnia and other behavior changes and diagnosed as bipolar properly committed to MSH… Krueger affirmed. [Read more…]
Ineffective assistance, no objection to past conduct
INEFFECTIVE ASSISTANCE: Failure to object to evidence of past criminal conduct by homicide Defendant more amenable to postconviction… Newman affirmed. [Read more…]
Deliberate homicide, prior PFMA, “forceful slam”
DELIBERATE HOMICIDE: Prior PFMA involving banging wife’s head on floor properly admitted to show motive, opportunity, and absence of mistake or accident in death of infant by “forceful slam against some broad object”… conviction affirmed… Krueger affirmed. [Read more…]
Mental commitment, homeless woman
MENTAL COMMITMENT of homeless woman affirmed… Newman affirmed (IOR I-3(c)). [Read more…]
DUI, DFE from dust remover, “drug”
DUI: DFE from dust remover properly considered a “drug” for DUI purposes… Krueger affirmed. [Read more…]
DUI, warrant blood draw, 2009 implied consent
DUI: Blood sample properly obtained by warrant following refusal to cooperate in sobriety tests under 2009 implied consent statute… Krueger affirmed. [Read more…]